. NMT05-T1023
Volume V · Page 1023
| CONCLUSIONS |
| The Tribunal therefore concludes (bearing in mind the presumption of innocence of the defendant and the burden of proof required of the prosecution) that the evidence clearly established beyond a reasonable doubt that the defendant Max Kiefer is guilty of war crimes and crimes against humanity, as charged in counts two and three of the indictment. He did not function in the role of the actual executioner, but was an office chief in the WVHA, which organization carried out the functions of extracting labor and personal resources from millions of unfortunate concentration camp inmates, Jews, and prisoners of war. His office duties and activities constituted one of the integral cogs in the evil machine of human destruction. His high professional learning, skill, and vast knowledge was prostituted to the needs of this organization. The planning and erection of a vast number of SS structures, both in the concentration camps and outside, would not have been possible without the contribution of the defendant Kiefer, as one whose services were most valuable and indispensable. |
| COUNT FOUR |
| The defendant admits that he was a member of the SS from 1935 and that he continued to be a member of the SS until the end. His contention that he was drafted into the SS in 1942 cannot be accepted by the Tribunal. His continued membership in the organization, his outstanding record in Amt C II, and all the other evidence in the case leads the Tribunal to the conclusion that the defendant voluntarily joined the SS and voluntarily remained in such organization until the end and participated in the commission of war crimes and crimes against humanity. He remained in such organization with knowledge of its criminal activities subsequent to September 1, 1939. Therefore, the Tribunal finds and adjudges the defendant Kiefer guilty under count four of the indictment. |
| FRANZ EIRENSCHMALZ |
| Defendant Eirenschmalz was born 20 October 1901, at Munich. He joined the General SS in July 1931. On 1 October, 1932, the defendant received a fulltime position with the SS in the administrative office. He did some outside construction work subsequent to occupying this position, but returned to the administration office and resumed his work in June 1934. His immediate |
